BEVERAGE CONTAINERS RECYCLING S.L. 549.134 SUBSIDIARY

BEVERAGE CONTAINERS RECYCLING [S.L. 549.134 1

SUBSIDIARY LEGISLATION 549.134

BEVERAGE CONTAINERS RECYCLING REGULATIONS

3rd July, 2020*

LEGAL NOTICE 311 of 2020, as amended by Legal Notice 257 of2021.

PART IPreliminary

Citation and scope.1. (1) The title of these regulations is the BeverageContainers Recycling Regulations.

(2) The objective of these regulations is to enhance thecircular economy by making provision for the establishment andoperation of a beverage container refund scheme, enhance thecollection and recycling of beverage containers, increase nationalrecycling efforts, reduce litter and fulfil the objectives of the Act.

S.L. 549. 43.

(3) The purpose of these regulations is to implement theprovisions of Directive 94/62/EC of the European Parliament and ofthe Council of the 20th December 1994 on packaging and packagingwaste with respect to beverage containers and the provisions of theseregulations and of the Waste Management (Packaging and PackagingWaste) Regulations shall be applied and interpreted accordingly.

S.L. 549. 43.

(4) These regulations shall not exempt producers placingbeverages in containers on the market from their obligations under theWaste Management (Packaging and Packaging Waste) Regulations forany beverages or beverage containers or other forms of packaging thatare not covered under these regulations.

Interpretation.Amended by:L.N. 257 of 2021.

2. (1) In these regulations, unless the context requiresotherwise:

Cap. 549."Act" means the Environment Protection Act;

S.L. 595. 28.

"Agency" means the Circular Economy Malta established byvirtue of the Circular Economy Malta (Establishment) Order;

"Authority" means the Environment and Resources Authorityestablished under article 6 of the Act and includes any body or otherperson acting on its behalf under powers delegated by the Authorityunder the Act;

*These regulations came into force on 3rd July, 2020 except for regulations 13 to 30and regulations 33 to 37.Regulation 20 came into force on 15th January 2021. See Legal Notice 359 of 2020.Regulations 19,21,22,23,24 came into force on 15th January 2021. See Legal Notice420 of 2020.Regulations 13,14,15,16,17,18,25,126,27,28,29,30,33,34,35,36 and 37 came intoforce on 2nd May 2021. See Legal Notice 420 of 2020.

2 [S.L. 549.134 BEVERAGE CONTAINERS RECYCLING

"barcode" means the global trade item number (GTIN), theinternational article number (EAN) or the quick response (QR) codefor the beverage in a beverage container;

"beverage" means any of the beverages listed in the FirstSchedule;

"beverage container" means any container of a beverage whichbeverage container is of a type listed in the Second Schedule;

"catering establishment" means an establishment providinghospitality and food services in the territory where beverages inbeverage containers are consumed by consumers on its premises;

"catering undertaking" means any person who makes availablebeverages in beverage containers on the market within a cateringestablishment;

S.L. 595. 28.

"Chief Executive" means the Chief Executive of the Agencyestablished by virtue of article 6 of the Circular Economy Malta(Establishment) Order;

"clearing centre" means the centre operated by the operatorwhere collected beverage containers are transmitted from redemptionlocations for final receipt and processing for the purposes of recycling;

"collection" means the gathering of empty beverage containers,including the preliminary sorting and preliminary storage thereof forthe purposes of transport to the clearance centre pursuant to Part III orto a producer of beverages placing, or intending to place, refillablecontainers on the market pursuant to Part IV, and "collected" shall beinterpreted accordingly;

"consumer" means every person who acquires, whethergratuitously or for a consideration, a beverage in a beverage containerfor consumption;

"deposit" means the deposit to be paid upon the purchase of abeverage in a beverage container imposed pursuant to regulation 15and regulation 21 respectively, which deposit shall be of a value whichis not less than the value indicated in the Third Schedule;

"distributor" means any person who makes available on themarket beverages in beverage containers on a wholesale level toanother person;

"environmental contribution" means such contribution that aperson is to pay the Agency in line with the polluter pays principleunder these regulations to mitigate damages to the environment;

"licence agreement" means the agreement between the Agencyand the operator pursuant to sub-regulation (4) of regulation 4;


"making available on the market" means any form of supply of abeverage, in a beverage container for distribution, consumption or useon the market packed in containers within the territory in the course ofa commercial activity, whether in return for payment or free of charge,and "make available on the market" shall be interpreted accordingly;

"Minister" means the Minister responsible for the environment;

"operator" means the person licensed by the Agency to operatethe Scheme pursuant to regulation 4;

"placing on the market" means the first making available of abeverage in a beverage container on the market within the territory,and "place on the market" shall be interpreted accordingly;

"producer" means any person importing, bottling, canning, orotherwise filling beverages in beverage containers intended to beplaced on the market in the territory, irrespective of the bottling,canning, filling or importing technique used, and irrespective of howthe beverage in beverage container is placed on the market, including:

S.L. 378. 17.

(i) placing on the market by means of distancecontracts as defined in regulation 2 of the Consumer RightsRegulations; and

S.L. 378. 17.

(ii) placing on the market directly to privatehouseholds or to consumers other than private households,including by means of distance contracts as defined inregulation 2 of the Consumer Rights Regulations;

"recycling" means the reprocessing in a production process ofbeverage containers for the original purpose or for other purposesincluding organic recycling but excluding energy recovery;

"redemption location" means a place where beverage containersare to be returned for collection purposes, as specified in regulation 18,and includes a location where an RVM is placed;

"refillable container" means a beverage container in relation towhich a system is in place in the territory for its reuse, where theproducer has obtained an exemption from the Scheme in terms ofregulation 19;

S.L. 441. 07.

"retailer" means any person who makes available on the marketbeverages in beverage containers at the retail level to consumers in theterritory, and includes street hawkers, as defined in the TradingLicenses Regulations;

"retail establishment" means an establishment operated by aretailer;

"reuse" means any operation whereby a beverage container,


which has been conceived and designed to accomplish within its lifecycle a minimum number of trips or rotations, is refilled or used forthe same purpose for which it was conceived, with or without thesupport of auxiliary products present on the market enabling thebeverage container to be refilled, and such reused beverage containerwill become packaging waste when no longer subject to reuse;

"RVM" means an automated reverse vending machine withcompaction which refunds the deposit value to consumers;

"Scheme" means the system set up by Part III for theestablishment and operation of a beverage container refund system;

"single use container" is a beverage container which is not arefillable container;

"supply chain" means the chain of supply of the beverage fromproducer to consumer;

"territory" means Malta as defined in article 124 of theConstitution of Malta.

(2) Any other term or expression used in these regulationswhich is defined in article 2 of the Act shall, unless otherwiseexpressly defined in these regulations or the context otherwiserequires, have the same meaning as is assigned to it in the said article 2of the Act.

PART IILicence to Operate the Scheme

Licence for the operation of a beverage container refund scheme.

3. No person may set up, establish and operate a beveragecontainer refund system except in accordance with a licence issued interms of the provisions of these regulations.

Application for a licence.

4. (1) Any application for the grant of a licence shall bemade to the Agency and shall contain such information, documentsand other material as provided in these regulations.

(2) The Agency shall issue a licence to a non-governmentalorganisation to operate the Scheme across the whole territory withoutlimiting those areas to those where the collection is most profitable:

Provided that the organisation is a legal person whoseshareholders if a company, its partners if a partnership, its members ifan association, or its founders if a foundation, are, whether directly orindirectly, producers, and retailers, and where the said shareholders,partners, members or founders, as the case may be, represent, directlyor indirectly, as a minimum, those producers and retailers that place onthe market the majority of single use beverage containers.


(3) In the absence of there being an organisation pursuant tosub-regulation (2), the Agency shall exercise all such powers as maybe necessary or expedient, for the purposes of implementing theScheme under the provisions of these regulations, to select and issue alicence to an alternative operator through a competitive bid.

(4) The licence shall provide the operator with the right, andimpose the concomitant obligation, to operate the Scheme, as providedfor in an agreement to be entered into between the Agency and theoperator:

Provided that nothing contained in the licence agreementshall be contrary to these regulations.

(5) Nothing in this regulation shall be interpreted asexempting the operator from complying with the requirements of anylaw.

Suspension or revocation of licence.

5. (1) The Agency may suspend a licence for suchperiod as it may determine, or may revoke, or vary the provisions of,any such licence.

(2) The powers vested in the Agency in terms of sub-regulation (1) shall only be exercisable in any of the followingcircumstances, where:

(a) a material change of circumstances has occurredsubstantially effecting the fulfilment of the requirementsstipulated in regulation 4;

(b) the licence agreement is terminated or suspended,as the case may be, pursuant to its terms; or

(c) the requirements in relation to the licence asestablished by regulations 4 and 7 have not been complied with.

Duration and renewal of licence.

6. (1) Subject to the provisions of these regulations, thelicence granted by the Agency shall, unless previously renewed orrevoked, continue to be valid until such time as it is renewed by theAgency following an inspection.

(2) The Agency shall establish the period of validity of thelicence:

Provided that such period shall not be longer than twelve(12) years.

(3) Following the inspection mentioned in sub-regulation(1), the Agency:

(a) may renew the licence, with or withoutmodifications, for such a further period as specified; or


(b) if, having regard to the provisions of theseregulations, it considers it necessary or expedient to do so, mayfor serious breach for reasons which shall be given in writingrefuse to renew the licence.

Responsibilities of the licensed operator.

7. (1) The licensed operator shall also fulfil thefollowing obligations:

(a) it is a legal person whose main object is theoperation of the Scheme pursuant to these regulations, and thedoing of all such other things as are incidental or conducive tothe attainment of such object and the carrying out of otheractivities as may be authorised by the Agency;

(b) it is run on a not for profit basis, or on a basiswhere profit is not intended for distribution;

(c) its management is independent and operates at anarms’ length basis from its shareholders, partners, members orfounders as the case may be;

(d) it assumes the collective extended producerresponsibility on behalf of producers and retailers of single usecontainers; and

(e) it allows for the participation, whether directly orindirectly, of all producers and retailers in a non-discriminatorymanner, regardless of their origin or size, without placing adisproportionate regulatory burden on producers, includingsmall and medium-sized enterprises, of small quantities ofproducts.

(2) It shall be the duty of the operator to notify the Agencyforthwith if it no longer complies with any of the requirements of theseregulations. Whether the operator so notifies the Agency or not, wherethe operator no longer complies with any of the requirements listed inthese regulations, the Agency shall by notice inform the operator thatit no longer complies with the provisions of these regulations and, ifthe situation is not remedied to the satisfaction of the Agency within aperiod of three (3) calendar months from the date that notice is givento the operator, the Agency shall be entitled to revoke the licence.

(3) It shall also be the duty of the operator to notify theAgency forthwith of any resolution or intended resolution, or anyapplication or intended application to the court, or any other action, forthe dissolution and winding up of the operator as soon as it becomesaware of such resolution or intended resolution, application orintended application or action.

(4) It shall be the duty of the operator to notify allparticipants in the Scheme in the event that a court makes an order that


the operator be wound up or a resolution for a voluntary winding up ofthe operator is passed, informing the said participants that theirextended producer responsibility obligations for the beveragecontainers registered with the Scheme will not continue to be met bythe operator.

Functions and powers of the operator.

8. (1) Without prejudice to any other function imposedon the operator in terms of the licence agreement, the operator shallhave the following functions and powers:

(a) to maintain and make available a register relatingto the participants of the Scheme;

(b) to establish and operate a clearing centre;

(c) to supply and operate RVMs;

(d) to take responsibility of all the collected singleuse containers;

(e) to establish and provide the necessary IT solutionand infrastructure to monitor and control the operations of eachredemption location;

(f) to make arrangements for the gathering of singleuse containers from the redemption locations to the clearingcentre;

(g) to sell all the processed beverage containers asrecyclable material, directly and/or through an authorisedentity, and to provide the Agency with documentation to thateffect in order for the said material to count towards Malta’srecycling targets;

(h) to carry out procurement in a manner that istransparent and non-discriminatory;

(i) to establish and provide the necessary solutionsand infrastructure to monitor the Scheme, and to report anyirregularities to the Agency;

(j) to maintain and operate a separate deposit refundaccount recording all financial movements of receipts andpayments of the deposits, pursuant to regulation 10; and

(k) to finance and participate in public campaignsdetermined by the operator to ensure the success of the Scheme.

(2) Upon return to a redemption location, single usecontainers shall become the property of the operator who shall beentitled to keep the proceeds from the sale of the material fromcollected single use containers.


Targets. 9. The operator shall be bound to take all measures that arenecessary to achieve the collection targets set out in the Fifth Scheduleand shall perform their recycling efforts so as to meet as a minimumthe recycling targets as set out in European Union Legislationapplicable from time to time with respect to the type of materials outof which the beverage containers under these regulations are made.

Separate deposit refund account.

10. (1) The operator shall maintain and operate a separatedeposit refund account, recording all financial movements of receiptsand payments of the deposit by the operator. The deposit valueimposed on every single use container placed on the market and paidby producers in terms of regulation 15 shall be placed in the depositrefund account. Refunds of the deposit value in terms of regulation 16shall be made from the deposit refund account.

(2) The amount of any unclaimed deposits resulting at theoperator’s financial year end shall be posted as revenue of the operatorprovided that:

(a) the operator shall firstly make sufficient provisionto satisfy any claims for deposits that may be paid in the futureand for any amounts due to the Agency for the relative financialyear; and

(b) the operator shall utilise the remainder for thebetter management and operation of the Scheme.

Conditions for participation in the Scheme.

11. (1) The operator shall be entitled to establishconditions for registration and participation in the Scheme byproducers, distributors, retailers and catering undertakings. In sodoing, the operator shall ensure that any condition for participation inthe Scheme is objective, non-discriminatory, fair and reasonable.

(2) The operator shall submit to the Agency any conditionsfor registration and participation in the Scheme referred to in sub-regulation (1), or any changes thereto, for the Agency’s approvalbefore implementing them, provided that if no reply is received fromthe Agency within thirty (30) days of submission, the conditions sosubmitted shall be deemed to be approved by the Agency.

(3) The Agency may request the operator that a conditionestablished in terms of sub-regulations (1) and (2) be amended,provided that before requesting the operator to change any conditionsas aforesaid, the Agency shall write to the operator informing it of itsobjections to any condition so imposed, and grant the operator a periodof not less than thirty days as the Agency may deem appropriate in thecircumstances during which the operator may make its submissions tothe Agency or enter into discussion with the Agency as the case maybe.

(4) The provisions of sub-regulations (2) and (3) shall not be


applicable to the registration fees imposed pursuant to sub-regulations(3) and (5) of regulation 13, or to the administration fee imposedpursuant to sub-regulation (4) of regulation 13 and sub-regulation (1)of regulation 17 or to the handling fee imposed pursuant to sub-regulation (3) of regulation 18.

Exchange of information between the operator and the Agency.

12. (1) For the purpose of enabling the Agency and theoperator to perform their functions under these regulations, and strictlyto the extent required for this purpose, the operator shall share andexchange information with the Agency, and the Agency and theoperator shall collaborate with one another.

(2) Without prejudice to the generality of sub-regulation (1),the operator shall:

(a) present its annual management accounts andaudited annual accounts to the Agency on a yearly basis;

(b) present its audited statements for the operation ofthe deposit refund account on a yearly basis;

(c) file reports with the Agency on a quarterly basisbut in any case not later than fifteen (15) days from the end ofeach quarter with information on aggregate volumes bytypology of single use containers placed on and collected fromthe market and the material of the empty beverage containersprocessed for recycling;

(d) provide the Agency with information in itspossession which is required by the Agency for the purpose ofpreparing the report referred to in regulation 36; and

(e) provide the Agency with detailed informationwhere this is required for the Agency to enforce the provisionsof these regulations in accordance with the provisions of PartVI:

Provided that these reports will be transmitted onstandard forms.

(3) The operator shall transmit information to the ExecutivePolice, the Commissioner for Revenue, the Director General(Customs), the Director General (Technical Regulations) and any othercompetent authority, as and when this is necessary to ensurecompliance with any law.

PART IIIThe Scheme

Registration.13. (1) Producers, distributors, retailers and cateringundertakings making available, or intending to make available, on themarket any beverage container shall register with the licensed operator


and shall register any such beverage container by providing thelicensed operator with all the details that it may require for thepurposes of the operation of the Scheme from time to time includingbut not limited to:

(a) details of the producer, distributor, retailer orcatering undertaking as applicable; and

(b) in the case of a producer, the barcode and anyother pertinent details for each beverage container placed orbeing placed on the market, and any specific markings intendedfor the purposes of identification of the beverage container, aswell as an indication of whether the deposit logo referred to inregulation 17 will be affixed to the beverage container:

Provided that if a person seeks registration as acatering undertaking, that person must show to the satisfactionof the operator that beverages are consumed on the premisesoperated by that person. If in the opinion of the operator theperson does not qualify as a catering undertaking and, or acatering establishment, the operator shall have the authority torefuse registration as such:

Provided further that in the case of refusal ofregistration as a catering undertaking as aforesaid, the personmay submit the matter to the Agency. The Agency shallimmediately request the operator to give its reasons for refusingto register the person as a catering undertaking within a timeperiod specified by the Agency, which shall in no case be lessthan two (2) working days or more than five (5) working days.The Agency shall decide the matter within thirty (30) days ofsubmission of the request as aforesaid. The Agency shall notifythe person submitting the request and the operator of itsdecision.

(2) When registering with the licensed operator in terms ofsub-regulation (1):

(a) a person who operates in the supply chain in morethan one function, shall duly register with the operator for eachfunction as producer and, or distributor and, or retailer and, orcatering undertaking as the case may be;

(b) a retailer who operates more than one retailestablishment shall register each retail establishment; and

(c) a catering undertaking who operates more thanone catering establishment shall register each cateringestablishment.

(3) Producers, distributors, retailers and catering


undertakings shall pay the operator registration fees as the operatormay, subject to the provisions of sub-regulation (1) of regulation 11,establish from time to time. The operator shall be entitled to charge aregistration fee for the registration of the producer, distributor, retailerand catering undertaking in each function registered, for every retailestablishment and every catering establishment registered, as well asfor every barcode registered with the operator.

(4) The licensed operator may charge producers anadministration fee in respect of each beverage container placed on themarket.

(5) In the event that the shape, material, volume or type of abeverage container which is registered in terms of regulation 13 isaltered, the producer shall inform the licensed operator of suchalteration before placing the beverage in the altered beverage containeron the market even if the barcode for the beverage remains the same,and the producer shall provide the operator with all the details it mayrequire and pay the operator any fee set by the operator from time totime.

(6) Without prejudice to the provisions of sub-regulation (7),the producer, distributor, retailer or catering undertaking registeredwith the licensed operator in terms of this regulation shall ensure thatthe details registered with the operator are correct at all times.

(7) Where a producer registered with the licensed operatorsubsequently obtains an exemption from participating in the Scheme interms of regulation 19, the producer shall inform the operatoraccordingly and the licensed operator shall de-register the producer,the barcodes and the relative beverage containers.

(8) Where a producer, distributor, retailer or cateringundertaking intends to stop its operations in the market for beverages,or where a producer intends to stop placing on the market particularbeverages, it shall inform the licensed operator accordingly.

(9) Any producers, distributors, retailers or cateringundertakings placing and, or making available on the marketbeverages sold in beverage containers that fail to comply with theprovisions of this regulation shall be guilty of an offence against theseregulations.

Participation.14. (1) Any producer, distributor, retailer or cateringundertaking registered in terms of regulation 13 shall comply with theconditions for participation in the Scheme as laid down by the licensedoperator from time to time in accordance with regulation 11.

(2) Without prejudice to the generality of sub-regulation (1),producers, distributors, retailers and catering undertakings shall bebound to report to the licensed operator the following information:


(a) in the case of producers, the volumes by quantityand weight by typology of single use containers placed on themarket, with reference to the relevant barcode and any specificmarkings;

(b) in the case of retailers and catering undertakings,upon the request of the licensed operator and if it is necessaryfor the proper operation of the Scheme, documentation relatingto the invoicing of beverages in beverage containers and anyrelated information; and

(c) in the case of producers and distributors, upon therequest of the licensed operator, and if it is necessary for theproper operation of the Scheme and to the extent so necessary,the details of the persons to whom beverages in single usecontainers are sold, distributed or transferred:

Provided that producers, distributors, retailers andcatering undertakings shall be obliged to provide theinformation requested in terms of paragraphs (b) and (c) of sub-regulation (2) within five (5) working days from receipt of therequest for information.

(3) A producer, distributor, retailer or catering undertakingwho fails to comply with the obligations for participation in theScheme in terms of sub-regulations (1) and (2) shall be guilty of anoffence against these regulations.

(4) The licensed operator shall provide a registration numberto each producer which is duly registered with it in terms of regulation13. Producers shall make the registration number clearly visible ontheir invoices and fiscal receipts. Producers who fail to comply withthe provisions of this regulation shall be guilty of an offence againstthese regulations.

Deposit for single use containers.

15. (1) Every single use container made available on themarket shall be subject to the payment of a deposit. The deposit valueshall not be subject to VAT and shall be indicated separately from theprice on all receipts and invoices at every stage of the supply chain.

(2) The deposit referred to in sub-regulation (1) shall beimposed and paid at every stage of the supply chain.

(3) The deposit shall be due by the producer to the licensedoperator upon the producer placing the single use container on themarket. The administration fees, if any, shall be due at the same time.

(4) Producers shall re-claim the full value of the depositupon the onward sale of the beverage to their successor in the supplychain, but shall not have any claim for any portion of theadministration fee.


(5) Distributors, retailers and catering undertakings shall paythe deposit value to their predecessor in the supply chain.

(6) Distributors shall re-claim the value of the deposit fromtheir successors in the supply chain.

(7) Retailers shall re-claim the value of the deposit from theconsumer who shall be entitled to claim the value of the deposit interms of sub-regulation (1) of regulation 16. Catering undertakingsshall only re-claim the value of the deposit from the consumer wherethe consumer removes the beverage container away from the cateringestablishment.

(8) Catering undertakings shall not charge the amount of thedeposit to the consumer who consumes the beverage at the cateringestablishment and leaves the beverage container at the cateringestablishment, but shall be entitled to claim the value of the deposit interms of regulation 16.

(9) The licensed operator shall refund to the retailersproviding redemption locations the value of the deposits refunded bythem on the return of single use containers, except in those caseswhere the redemption location is operated directly by the operator inwhich case the value of the deposits shall be refunded directly by thelicensed operator.

Refund of deposit value.

16. (1) Any person, including a consumer, who returns asingle use container upon which a deposit has been paid shall beentitled to a refund of the deposit value from the redemption location.The licensed operator may issue instructions from time to timeregarding the return of single use containers, in particular to facilitatethe return of large quantities of single use containers:

Provided that no refund shall be due if:

(a) the barcode and, or specific markings, if any, ofthe empty beverage container is not duly registered with theoperator; or

(b) the barcode, or, if any, the specific markings of thebeverage container or deposit logo is damaged to an extent thatthe refund for the empty beverage container cannot beprocessed; or

(c) the beverage container is damaged to an extentthat refund for the empty beverage container cannot beprocessed; or

(d) the empty beverage container contains or isotherwise contaminated by a substance other than residue of thebeverage or ordinary dust; or


(e) more than twenty-four (24) months have passedsince the beverage container was acquired by the consumer.

(2) Deposits redemption vouchers which, for any reasonwhatsoever, are not redeemed within twelve (12) months from the dateof issue shall be posted as revenue of the licensed operator.

(3) Each redemption location shall have a clearly visible andlegible sign containing the information indicated in sub-regulation (1).The licensed operator shall determine the specifications and theprecise wording of the notice to be displayed for these purposes.

(4) Without prejudice to the generality of the foregoingprovisions, the licensed operator shall issue instructions to cateringundertakings regarding the return of single use containers consumed atcatering establishments, and the refund by the licensed operator of thedeposit paid by the catering undertakings to their predecessor in thesupply chain.

Trading in single use containers.

17. (1) Single use containers shall either have a market-specific barcode or market-specific markings or a non-market specificbarcode and non-market specific markings, if any. The licensedoperator shall charge producers which opt to use non-market specificbarcodes without any market-specific markings an additionaladministration fee for each single use container placed on the market.

(2) Producers placing, or intending to place, single usecontainers on the market shall have the option to stamp or affix tosingle use containers a deposit logo. The deposit logo shall bedeveloped by the operator, approved by the Agency, and its use shallbe licensed to producers.

(3) Only producers that are duly registered with the licensedoperator pursuant to regulation 13 may stamp or affix the deposit logoto their beverage packaging.

(4) Any producer acting in breach of sub-regulations (1) and(3) shall be guilty of an offence against these regulations.

Redemption locations and RVMs.

18. (1) Each retail establishment shall have a system inplace for the return of single use containers by consumers and, subjectto the provisions of sub-regulation (1) of regulation 16, shall beobliged to accept the said single use containers and to refund therelative deposit even if the relative beverage had not been sold by thatretail establishment:

Provided that where a retailer operates a manual systemfor the return of beverage containers, the retailer shall not be obligedto accept the return of beverage containers where the barcodeindicated on the beverage container is not the same as the barcode ofbeverages sold by that retailer:


Provided further that the licensed operator may, where itdeems fit, establish a redemption location to be used by more than oneretail establishment, in which case the retailer shall not be obliged tohave a redemption location on its premises or a manual system for thereturn of single use containers:

Provided further that catering undertakings shall beobliged to gather single use containers consumed at cateringestablishments.

(2) The licensed operator shall decide, on the basis ofobjective and non-discriminatory criteria, which system for the returnof single use containers shall be used by each retail establishment andwhether an RVM shall be provided to the retail establishment.

(3) Retailers shall be paid a handling fee by the licensedoperator, as set by the licensed operator on the basis of objective andnon-discriminatory criteria taking into account the type of system usedfor the return of beverage containers, developed by an independentperson approved by the Agency. Retailers shall not have a claim forany handling or similar fees for fulfilling their obligations in terms ofthese regulations, except for any fees due to them as aforesaid.

(4) Retailers who operate a manual system for the return ofbeverage containers shall not be obliged to accept returns of beveragecontainers by consumers or other persons which exceed fifty (50)beverage containers at any one time.

(5) Any person responsible for events such as festivals,concerts, markets, fairs, sports events and any other event wherebeverages will be sold in single use containers shall have a system inplace for the return of single use containers and shall register with thelicensed operator giving such details about the event as the licensedoperator may require, and the operator shall determine the best methodfor collection of empty single use containers at the event in question.

(6) The licensed operator shall be responsible for obtainingany necessary licenses, authorisations or permits for the placement andoperation of the RVM.

(7) The licensed operator shall make arrangements for thegathering and delivery of single use containers from retailestablishments and catering establishments to the clearing centre.

(8) No person, other than the licensed operator, may placeRVMs within the territory for use by any producer, distributor, retailer,catering undertaking or consumer participating in the Scheme.

(9) Any person acting in breach of the provisions of sub-regulations (1), (2), (3), (5), (7) and (8) shall be guilty of an offenceagainst these regulations.


PART IVRefillable Containers

Exemption from the Scheme for refillable containers.

19. (1) A producer may make a request, in writing, to theAgency for beverage containers to be exempted from the Scheme.

(2) The Agency shall grant the exemption, and shall issue anexemption certificate attesting thereto, provided that:

(a) the producer registers with the Agency inaccordance with regulation 20;

(b) the Agency is satisfied that the producer has inplace an appropriate system for the collection and reuse of itsbeverage containers within the territory which system shallrequire consumers to pay a deposit in respect of the beveragecontainer at the moment of purchase and which deposit is to bereturned to consumers by retailers and, or catering undertakingson the return of the beverage container at no additional cost toconsumers, in accordance with these regulations;

(c) the producer undertakes to meet all obligations setout in these regulations with respect to refillable containers andsuch conditions as may be imposed by the Agency whengranting the exemption; and

(d) the beverage container has a market-specificbarcode or non-market-specific barcode in accordance withregulation 24.

Registration with the Agency.

20. (1) Producers that are placing, or intending to place,on the market any beverage in a refillable container shall register withthe Agency and shall provide the Agency with all the details that itmay require for the purposes of these regulations from time to time toqualify for the necessary exemption from the Scheme.

(2) Upon registration, the producer must provide the Agencywith sufficient information for the Agency to ensure that the system inplace for the refillable containers in question is adequate in order toreach Malta’s recycling targets.

(3) The Agency shall charge producers placing, or intendingto place, on the market any beverage in a refillable container theapplicable registration fee indicated in the Fourth Schedule.

(4) Producers placing refillable containers on the market,who either no longer wish to operate the system for the refillablecontainers in question, or who no longer wish to reuse beveragecontainers shall inform the Agency accordingly and shall register withthe operator pursuant to regulation 13.

(5) Any producer placing on the market beverages sold in


refillable containers who fails to comply with the provisions of thisregulation shall be guilty of an offence against these regulations.

Deposit for refillable containers.

21. (1) Every refillable container made available on themarket shall be subject to the payment of a deposit. The deposit valueshall not be subject to VAT and shall be indicated separately from theprice on all receipts and invoices at every stage of the supply chain.

(2) Producers who place refillable containers on the marketshall charge the deposit value on the onward sale of the beverage fromtheir successors in the supply chain.

(3) The provisions of sub-regulations (5), (6), (7) and (8) ofregulation 15 shall apply mutatis mutandis to refillable containers.

(4) Consumers shall be entitled to reclaim the value of thedeposit paid on the purchase of the beverage in a refillable containerupon collection of the refillable container by the producer who placedthe refillable container on the market as the said producer may direct.

(5) Producers of refillable containers shall reclaimownership of the refillable container upon collection of the refillablecontainer.

(6) Producers who place refillable containers on the marketshall maintain and operate a separate deposit refund account recordingall financial movements of receipts and payments of the said deposits.The provisions of sub-regulation (2) of regulation 10 shall applymutatis mutandis to the producers who place refillable containers onthe market.

(7) Producers who place refillable containers on the marketshall take all measures that are necessary to achieve the collectiontargets set out in the Fifth Schedule.

(8) Any producer placing refillable containers on the marketwho fails to comply with any provisions of this regulation shall beguilty of an offence against these regulations.

Exchange of information between the producers and the Agency regarding refillable containers.

22. (1) Producers who place refillable containers on themarket shall supply the Agency with:

(a) the aggregate volume of refillable containers thathave been placed on the market by quantity, and weight bytypology of the refillable container;

(b) the aggregate volume of refillable containerscollected from the market by quantity and weight by typologyof refillable container;

(c) any such other information as may be required bythe Agency from time to time.


Such information shall be filed with the Agency on a quarterlybasis but in any case not later than fifteen (15) days from the end ofeach quarter.

(2) Producers who place refillable containers on the marketshall also provide the Agency with information in its possession whichmay be required for the purpose of preparing the report referred to inregulation 36.

(3) Every producer who places refillable containers on themarket who does not comply with the provisions of sub-regulations (1)and (2) shall be guilty of an offence against these regulations.

Audit. 23. (1) The Agency shall have the right to audit producerswho place refillable containers on the market and may, at any time,revoke the exemption granted in accordance with regulation 19 whereit considers that the system for the collection and reuse of theirbeverage containers within the territory is no longer appropriate orwhere the Agency determines that the producer has breached hisobligations under these regulations.

(2) The Agency may also revoke the exemption granted inaccordance with regulation 19 when the system for collection andreuse of the beverage containers is not meeting the expected collectiontargets.

(3) In the event that the Agency revokes the exemptiongranted in accordance with sub-regulations (1) or (2), the beveragecontainers shall be considered to be single use containers, and:

(a) the producer has to abide by the obligationsimposed on producers of single use containers in Part III; and

(b) the beverage containers shall be subject to therules contained in Part III:

Provided that any targets imposed on the saidproducer by the Agency shall not be transferred to the operator,and any penalties imposed on the said producer shall continueto be due by the said producer:

Provided further that the beverage containers shallonly be considered within the targets of the operator uponregistration by the producer with the operator as provided for inregulation 13.

(1) Beverages in refillable containers shall have amarket-specific barcode or a non-market specific barcode.

(2) Producers who place refillable containers on the marketshall have the option of stamping or affixing to refillable containers adeposit logo, which shall be developed by the producer and approved


by the Agency.

(3) Only producers that are duly registered with the Agencypursuant to regulation 20 may stamp or affix the deposit refund logo tothe refillable container.

(4) Any producer in breach of this regulation shall be guiltyof an offence against these regulations.

PART VProvisions Applicable to all Beverage Containers

Return of beverage containers.

25. (1) Retailers operating redemption locations andcatering undertakings shall receive the empty beverage containers onbehalf of the licensed operator or the producer of beverages inrefillable containers, as the case may be, until the beverage container isgathered by the licensed operator or the producer of beverages inrefillable containers.

(2) Any retailer or catering undertaking acting in breach ofthe provisions of sub-regulation (1) shall be guilty of an offenceagainst these regulations.

Notices by retailers.

26. (1) A retailer must, in the price indication for thebeverage, indicate the amount of deposit which has to be paid by theconsumer separately as well as the total price for the beverage. In thecase of beverages being offered for sale in single units, the priceindication shall indicate the deposit being paid for the beveragecontainer, whilst in the case of beverages being offered for sale inmulti-packs, the price indication shall indicate the total value of thedeposit being paid for all the beverage containers in the multi-pack.

(2) A retailer shall display a clear and prominent notice intheir retail establishment that there is a separate charge for the depositand that the consumer may redeem the deposit refund once thebeverage container is duly returned to a redemption location. TheAgency shall determine the specifications and the precise wording ofthe notice to be displayed by retailers for the purposes of thisprovision.

(3) A retailer which does not comply with the provisions ofsub-regulations (1) or (2) shall be found guilty of an offence againstthese regulations.

Beverages for export.

27. Producers shall not be obliged to charge a deposit in thecase of beverages released for export.

Clarifications by the Agency.

28. Where the licensed operator, or any producer, distributor,retailer or catering undertaking require confirmation as to whether abeverage or a beverage container falls within the scope of the FirstSchedule, the licensed operator, producer, distributor, retailer orcatering undertaking may submit the matter to the Agency, which shall


decide the matter within thirty (30) days of submission thereof. TheAgency shall notify the person submitting the request and the operatorof its decision.

PART VIEnforcement And Penalties

General prohibition.

29. No person shall place and / or make available beveragesin beverage containers on the market unless he complies with theprovisions of these regulations. Any person acting in breach of thisregulation shall be guilty of an offence against these regulations.

Investigations. 30. (1) It shall be the duty of the Chief Executive toensure that the provisions of these regulations are observed, and togather information that may be necessary for him to carry out hisfunctions; and for such purpose he shall have the power to carry outinvestigations of his own motion or at the request of the Minister orupon a reasonable allegation in writing of a breach of the provisions ofthese regulations by a complainant or by the licensed operator.

(2) Where the Agency receives a complaint by the licensedoperator in terms of sub-regulation (1), the Agency shall inform thelicensed operator within seven (7) days whether it intends to act uponthe complaint and the steps it intends to take or has already taken inthis regard.

(3) During the course of any investigation carried out by theAgency in accordance with sub-regulation (1), or in order to ensurecompliance with these regulations, without prejudice to the provisionsof regulations 12, 22 and 37 of these regulations, the Chief Executiveshall be empowered to request any specific information anddocumentation from any person subject to these regulations, withinsuch time as in the circumstances the Chief Executive may considerreasonable:

Provided that nothing in this sub-regulation may beconstrued as authorising the Chief Executive to order the production ofany document or the disclosure of any information which may besubject to the duty of professional secrecy.

(4) When sending a request for information in terms of sub-regulation (3), the Chief Executive shall state the legal basis andpurposes of the request, shall indicate what information is required,and shall indicate the fines provided for in sub-regulations (2), (3) and(4) of regulation 31.

(5) Where persons submit information which containsbusiness secrets or other confidential information they shall clearlyidentify any material which they consider to be confidential, givingreasons therefor, and provide a separate non-confidential version,where applicable, by the date set by the Chief Executive.


(6) The Chief Executive and, or his officers and, or any otherexpert duly authorised by a warrant issued by a Magistrate and, withthe assistance of the Executive Police, may, for the purposes ofensuring compliance with these regulations, and, or for the purpose ofany investigation under sub-regulation (1) enter into and search anypremises, land or means of transport where the Chief Executive hasreason to believe that information relevant to the investigation may befound, and in the course of any such search the Chief Executive and, orhis officers, and, or any other expert shall be empowered to:

(a) inspect and examine any object or document and,or;

(b) seize any object or document, or take extracts orcopies of documents and, or;

(c) require any information which is stored in acomputer or any other object or device which is accessible fromthe premises, land or means of transport and which the ChiefExecutive and, or his officers and, or other experts considerrelevant to the investigation, to be delivered in a form in whichit can be taken away and in which it is visible and legible and,or;

(d) order the non-removal of any object or documentsfrom any such premises, land or means of transport and, or;

(e) close and seal any or all parts of such premises,land or means of transport, or put any object under seal and, or;

(f) ask any representative or member of staff of theperson concerned for an explanation of any fact or documentrelating to the subject-matter and purpose of the inspection or tostate to the best of their knowledge and belief where thedocuments may be found and record the answers and, or;

(g) take any steps which appear to be necessary topreserve any object or document or to prevent any interferencewith such object or document.

(7) The Magistrate, in deciding whether to issue a warrantunder sub-regulation (6) shall ensure that the coercive measuresenvisaged are neither arbitrary nor excessive, having regard, inparticular, to the gravity of the suspected infringement, to theimportance of the evidence sought, to the involvement of the personconcerned and to the reasonable likelihood that any object, documentor record relating to the subject-matter of the inspection are kept in thepremises, land or means of transport for which the warrant isrequested:

Provided that the Magistrate, in deciding whether toissue a warrant under sub-regulation (6), may also take into account


the possibility that in the case where it is the Chief Executive whowould request these objects, documents or records, these would not beproduced, but would instead be concealed, removed, tampered with ordestroyed.

(8) The warrant mentioned in sub-regulation (6) shallspecify the subject-matter, purpose of the inspection, the date on whichthe inspection is to begin and the nature of the offence and penaltiesprovided for in regulation 31.

Offences. 31. (1) Any person who contravenes the provisions ofregulations 13, 14, 15, 18(1), 20, 21, 25, 29, 38, 39 and 40 shall beguilty of an offence and shall be liable on conviction to a fine (multa)of not less than five thousand euro (€5,000) and not more than fiftythousand euro (€50,000) or to imprisonment not exceeding six (6)months, or to both such fine and imprisonment.

(2) Any person who makes any declaration as required bythese regulations, which is false, misleading or incorrect in anymaterial respect, shall be guilty of an offence and shall be liable onconviction to a fine (multa) of not less than two thousand five hundredeuro (€2,500) and not more than twenty thousand euro (€20,000) or toimprisonment not exceeding three (3) months, or to both such fine andimprisonment.

(3) Any person who refuses or fails, without sufficient cause,to provide any information or documentation required by the Agencyin accordance with sub-regulation (3) of regulation 30, or who,pursuant to a request for information in accordance with sub-regulation (3) of regulation 30, provides false, misleading or incorrectinformation in any material respect, or who refuses to give access tothe Chief Executive, and, or his officers, and, or any other experts inaccordance with sub-regulation (6) of regulation 30, shall be guilty ofan offence and shall be liable on conviction to a fine (multa) notexceeding one thousand five hundred euro (€1,500) or toimprisonment not exceeding three (3) months, or to both such fine andimprisonment.

(4) Any person guilty of an offence under these regulations,other than for a breach of an obligation referred to in sub-regulations(1), (2), or (3) or of regulation 9, shall be liable on conviction to a fine(multa) not less than two hundred and fifty euro (€250) and not morethan two thousand five hundred euro (€2,500):

Provided that should the licensed operator not meet thetargets specified in regulation 9, such failure would be subject to anenvironmental contribution as specified in the licence agreementwhich environmental contribution may not exceed two hundredthousand euro (€200,000).

(5) The court, besides awarding the punishment referred in


accordance with the preceding paragraphs, may order the offender tocomply with his obligations under these regulations within a timesufficient for the purpose, but in any case not exceeding three (3)months from the date of the judgment, to be fixed by the court; and,subject to the provisions of the Act, if the offender fails to comply withany such order within the time so fixed, he shall be liable to a fine(multa) of not less than fifty euro (€50) and not more than one hundredeuro (€100), as the court may fix, for every day the default continuesafter the expiration of the said time and the court may also order themodification, suspension or revocation of any authorisation.

Cap. 12.

(6) In addition to any punishment which the personconvicted of an offence under these regulations may be sentenced, thecourt may order the offender to make restitution to the injured party ofany property or proceeds knowingly obtained by fraud or otherunlawful gain to the detriment of such party by or through the offence,or to pay to such party such sum of money as may be determined bythe court as compensation for any such loss as aforesaid or for anydamages caused to such party by or through the offence, and any suchorder may include both a direction to make restitution and, in default,to pay as aforesaid. The order shall constitute an executive title for allintents and purposes of the Code of Organization and Civil Procedure:

Provided that restitution or compensation under this sub-regulation shall not lead to over-compensation of the injured party,whether by means of punitive, multiple or other types of damages.

(7) When issuing an order under sub-regulation (6), the courtmay direct that such costs or damages are paid in instalments, inparticular, having regard to any other obligations which the offenderhas towards the injured party.

Chief Executive may assist prosecution.

32. (1) In criminal proceedings instituted by theExecutive Police before the Court of Magistrates for an offence againstthe provisions of these regulations, the Chief Executive and anyofficers of the Agency so authorised by the Chief Executive may assistthe Executive Police in the conduct of the prosecution and in theproduction of the evidence.

(2) The Chief Executive and any officers of the Agency soauthorised by the Chief Executive may, after the conclusion of theinvestigation in terms of these regulations, present a report to theExecutive Police and request the Executive Police to take action on theinfringement of these regulations contained therein, and thereafter theAgency shall be considered a complainant for all the purposes of theCriminal Code.

(3) The Chief Executive or any officer authorised by him forthe purposes of sub-regulations (1) or (2) may nevertheless beproduced as a witness but should his evidence be required as part ofthe case for the prosecution, his evidence shall be heard before that of


any other witness for the prosecution unless the necessity of hisevidence arises subsequently.

Presence of the licensed operator during criminal proceedings.

Cap. 9.

33. (1) Without prejudice to any provisions of theseregulations or to any other law, the licensed operator may file acomplaint with the Executive Police against a producer, distributor,retailer or catering undertaking for breach of these regulations inrelation to the Scheme, and, where it files the said complaint, theoperator shall be considered as a complainant for all the purposes ofthe Criminal Code.

(2) In criminal proceedings instituted by the ExecutivePolice on the complaint of the licensed operator against a producer,distributor, retailer or catering undertaking for breach of the provisionsof these regulations relating to the Scheme, it shall be lawful for theoperator to be present at the proceedings, to engage an advocate or alegal procurator to assist it, to examine or cross-examine witnesses andto produce, in support of the charge, such other evidence as the courtmay consider admissible.

(3) Where the operator is to be heard on oath, such evidenceshall be taken before that of any other witness of the prosecution,saving the case where, in the opinion of the court, such evidencebecomes necessary even at a later stage of the proceedings, or wherethe producer, distributor, retailer or catering undertaking applies forsuch evidence at any stage of the proceedings, or where the court seesfit to vary the course of the taking of the evidence.

(4) In criminal proceedings instituted by the ExecutivePolice ex officio or at the instance of the Agency against a producer,distributor, retailer or catering undertaking for breach of the provisionsof these regulations relating to the Scheme, it shall be lawful for thelicensed operator to engage an advocate or a legal procurator to assistit; such advocate or legal procurator may examine or cross-examinewitnesses, produce evidence or make, in support of the charge, anyother submission which the court may consider admissible.

Prescription.Cap. 9.

34. Notwithstanding the provisions of the Criminal Code orof any other law, criminal action for offences under these regulations isprescribed by the lapse of five (5) years.

Civil action by the licensed operator.

Cap. 12.

35. (1) Where the licensed operator has suffered damagecaused by a producer, distributor, retailer or catering undertakingacting in contravention of these regulations the operator shall beentitled to claim and to obtain full compensation for that damage fromthe respective producer, distributor, retailer or catering undertaking,which action shall be instituted in accordance with the provisions ofthe Code of Organization and Civil Procedure.

(2) Full compensation shall place the operator in the positionin which it would have been had the infringement of these regulations


not been committed. It shall therefore cover the right to compensationfor actual loss and for loss of earnings as well as the payment ofinterest from the time the damage occurred until the capital sumawarded is actually paid:

Provided that full compensation under this regulationshall in no case lead to over-compensation of the operator where thecourt has ordered the offender to make restitution or compensation interms of sub-regulation (6) of regulation 31.

(3) An infringement of these regulations found by a finaldecision of the competent court shall be deemed to be irrefutablyestablished for the purposes of an action for damages brought pursuantto this regulation.

(4) An action for damages pursuant to this regulation isprescribed by the lapse of five (5) years. The period of prescriptionshall begin to run from the date when the infringement of theseregulations has ceased, and the operator became aware, or canreasonably be expected to have become aware:

(a) of the behaviour in question;

(b) of the fact that the infringement of theseregulations caused it harm; and

(c) the identity of the offender.

(5) The period of prescription in sub-regulation (4) shall besuspended where the Agency takes action for the purpose ofinvestigating the infringement of these regulations to which the actionfor damages relates or where there are criminal proceedings in front ofthe Court of Magistrates in respect of the infringement of theseregulations to which the action for damages relates.

Part VIIVarious Provisions

Report by the Agency.

36. (1) The Agency shall submit an annual report to theMinister which must include the details contained in sub-regulation (2)by not later than the end of May of each year, and which report shall bemade public by not later than the end of June of the same year.

(2) The report referred to in sub-regulation (1) shall be areport on the subject-matter covered by these regulations during theimmediately preceding calendar year which shall include the followingdetails:

(a) the number of producers, retailers and cateringundertakings participating in the Scheme in terms of regulation13 and the quantity and aggregate weight by typology of singleuse containers placed on the market during the relevant


calendar year;

(b) the number by typology of single use containersthat have been collected and the aggregate weight by typologyof single use containers that have been recycled in accordancewith these regulations during the relevant calendar year as apercentage of single use containers placed on the market;

(c) the number and location of RVMs and theaggregate quantity of beverage containers by typology collectedby RVMs in the territory;

(d) if and where applicable the number by typology ofsingle use containers collected manually;

(e) the number of producers exempt from the Schemein terms of regulation 19, and the quantity by typology ofrefillable containers placed on the market by such producersand the quantity by typology of refillable containers collectedfor reuse by such producers;

(f) the number and nature of complaints received bythe Agency in relation to these regulations and the Scheme;

(g) the number of breaches, both of these regulationsand the requirements of the Scheme, investigated by theAgency and the number and nature of decisions, orders andmeasures taken by the Agency, any court or tribunal or anycompetent authority in connection therewith;

(h) the financial position of the Scheme and of thedeposit refund account of the operator at the end of the relevantcalendar year;

(i) the financial position of any system for refillablecontainers operating in the territory and the position of theirrespective deposit refund accounts at the end of the relevantcalendar year; and

(j) such other matters as may be required by theMinister.

Exchange of information between the Authority and the Agency.

37. (1) For the purpose of enabling the Agency toperform its functions under these regulations, the Authority shall shareand exchange information with the Agency, and the Agency andAuthority shall collaborate with one another:

Provided that the Agency shall report on the performanceof the Scheme to the Authority such that it would enable the Authorityto perform its reporting obligations in terms of applicable law.


PART VIIIMiscellaneous

Producers of single use containers.

38. Producers who, on the date of the coming into forceregulation 13, have already placed or are placing on the market abeverage container, shall register with the licensed operator, and shallregister the relevant barcodes and any specific markings of thebeverage container as well as indicating whether they intend to affixthe deposit logo to the beverage container, pursuant to regulation 13,by not later than five (5) months before the coming into force of thisregulation. Producers shall also provide the licensed operator with theinformation indicated in regulation 14(2)(a), as the operator maydirect, from the date of registration as aforesaid.

Distributors, retailers and catering undertakings of single use containers.

39. Distributors and/or retailers and/or catering undertakingswho, on the date of the coming into force of regulation 13, havealready made available or are making available on the market abeverage container, shall register with the licensed operator and shallregister the relevant barcodes, pursuant to regulation 13, by not laterthan one (1) month before the coming into force of regulation 13.

Producers of refillable containers.

40. Producers who, at the date of the coming into force ofregulation 20, have already placed or are placing on the market anybeverage in a refillable container, shall register with the Agencypursuant to regulation 20 by not later than three (3) months before thecoming into force of regulation 20.

Publication of the date of coming into force of regulation 13.

41. The Minister shall publish the intended date of cominginto force of regulation 13 in the Gazette and in at least two (2) dailynewspapers not less than six (6) months before the said date.

Publication of the date of coming into force of regulation 20.

42. The Minister shall publish the intended date of cominginto force of regulation 20 in the Gazette and in at least two (2) dailynewspapers not less than four (4) months before the said date.

Chief Executive may delegate powers.

43. The Chief Executive may delegate any of the powersvested in him by these regulations to any officer or employee of theAgency.

Conflict between the English and the Maltese texts.

44. In these regulations, if there is any conflict between theEnglish and the Maltese texts, the English text shall prevail.


First Schedule Beverages falling within the scope of these regulations

(Regulation 2)

(a) water and flavoured water;

(b) non-carbonated soft drinks;

(c) carbonated soft drinks;

(d) ciders, beers and other malt beverages;

(e) ready to drink coffee;

(f) flavoured alcoholic beverages having an alcoholiccontent level which does not exceed 5%;

(g) dilutables.

Second ScheduleBeverage container specifications

(Regulation 2)

Beverage containers must be:

(a) made out of:

(i) steel, or

(ii) aluminium, or

(iii) glass, or

(iv) polyethylene terephthalate (PET); and

(b) bottles or cans; and

(c) with a capacity of between 0.1 litres and 3 litres:

Provided that cartons, foil pouches, and high-density polyethylene (HDPE), and composite materials areexplicitly excluded.


Third Schedule Minimum Deposit Value

(Regulation 2)

All beverage containers shall be subject to a deposit of a valueof at least ten euro cents (€0.10).

Fourth Schedule Registration Fees(Regulation 20)

Producers shall be subject to a registration fee for everybeverage type intended to be placed on the market individuallydistinguished by product, beverage container material, design or sizetypology. This registration fee shall be a one-time fee of one hundredeuro (€100) per unique typology registered.

Fifth Schedule Collection Targets

Operator

From 1st January 2022 to 31 December 2022 - 70% of the singleuse containers registered in terms of the Scheme as having been placedon the market during the same period

1 January 2023 to 31 December 2023 - 70% of the single usecontainers registered in terms of the Scheme as having been placed onthe market during the same period



1 January 2026 to 31 December 2026 and for every calendaryear thereafter - 90% of the single use containers registered in terms ofthe Scheme as having been placed on the market during the sameperiod

Producers of refillable beverage containers

From 1st January 2022 to 31 December 2022 - 70% of therefillable containers registered by the producer as having been placed


on the market during the same period

1 January 2023 to 31 December 2023 - 70% of the refillablecontainers registered by the producer as having been placed on themarket during the same period



1 January 2026 to 31 December 2026 and for every calendaryear thereafter - 90% of the refillable containers registered by theproducer as having been placed on the market during the same period

Documents

BEVERAGE CONTAINERS RECYCLING S.L. 549.134 SUBSIDIARY